ABCC v Gray and CEPU
Background
Allegations as outlined in the ABCC’s statement of claim filed on 14 February 2011. The allegations may change during the course of the proceeding.
1. Bovis Lend Lease was the head contactor engaged to construct a new business centre for the ANZ bank with an estimated value of $501 million, located at Docklands, Victoria.
2. Bovis Lend Lease engaged numerous subcontractors to carry out electrical work at the site.
3. Between 1 September and 14 September 2009 the CEPU shop steward at the site, Andrew Richards, complained to Bovis’ General Foreman and others at the site that employees of one group of electrical contractors were not members of the CEPU.
4. On 15 September 2009 Mr Richards asked two employees of one of the subcontractors engaged at the site to provide their ‘union tickets’. Both employees failed to provide tickets.
5. On 16 September 2009 CEPU official Troy Gray attended the site during morning smoko break. Several hundred workers were taking a 30 minute break at various sheds around the site. Mr Gray spoke with employees of an electrical contracting franchise at the site and said words to the effect that there were “300 guys sitting in the site shed that aren’t going back to work and will walk off the job unless you join the union.”
6. Mr Gray then said to a specific employee words to the effect that ‘We won’t get [company] on this job, but every other job [company] is on, we’ll get them there.’
7. On 18 September 2009 Mr Gray attended the site and spoke with various workers of the electrical contractor, telling them the other workers on the site would walk-off the job unless they joined the CEPU. On several occasions Mr Gray asked the employees ‘are you going to join the union?’
8. At 7.00am on 23 September 2009 Mr Gray attended the site and organised and conducted a stop-work meeting of in excess of 100 workers until about 8.30am.
Alleged Contraventions
9. The ABCC alleges Mr Gray and the CEPU contravened:
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s.346 of the Fair Work Act 2009 (FW Act) by taking adverse action against another person because they were not a member of an industrial association; and
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s.348 of the FW Act by taking and threatening to take action against another person with the intent to coerce them to engage in industrial activity.
10. The ABCC filed a statement of claim in the Federal Magistrates Court at Melbourne on 14 February 2011.
11. A Directions Hearing is scheduled on 15 March 2011.
Penalties
12. The maximum penalties for a contravention of the FW Act are $6600 for an individual and $33,000 for an organisation.